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  • Writer's pictureTanya Lavan

Separation and Divorce

The law applicable to marriage and de-facto relationships in Australia, are almost mirror images of the other, although they refer to different sections of the Family Law Act. For this reason, if you are in or have left a de-facto relationship then you may have the same rights as if you were married.

Separation is a difficult time for all families.

We recommend that you obtain legal advice early, prior to separation if possible, so that you are aware of your rights, entitlements and the process options in family law. We are able to assist you providing this advice early, with set fee pricing options, without an ongoing commitment to reducing your legal fees.

If you and your partner are looking for a collaborative and non-litigious approach to your separation to minimise legal fees and the emotional cost then collaborative options can be provided to you both.

In order to divorce in Australia you must be separated for twelve months. We do not recommend that you divorce until you have settled property between you as there is a limitation date in Australia. A divorce is separate to a property settlement, it is also separate to maintenance and child support. We offer set fee Divorce Applications at TML Family Law, and this includes the Court appearance so there are no surprises.

If you are seeking assistance regarding separation and divorce in family law matters in Melbourne or New Zealand please don't hesitate to contact TML Family Law for a free 15 minute telephone consultation.


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